OldUser

Sorry @MAX_Q I made a mistake. 4 years and 1 day from that long trip would be some time in March 2026, not September 2026.

At USCIS nobody cares about circumstances and reasons, they need her to meet the criteria to be approved. She'll meet this criteria 4 years and 1 day after returning to the US after long trip.

There's no such requirement. The requirement is residing in the US.

She can file under 5 year rule. There's 4 year and 1 day exception. Meaning after 4 years and 1 day after she returned from long trip, she could try naturalizing: "An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for naturalization.[21] The statutory period preceding the filing of the application is calculated from the date of filing." Source: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

LPRs and citizens have exact same tax obligations

Other than adding to USCIS backlog

Well, you don't want to fabricate lease now that didn't exist back then. It would be fraud. You would have to convince the officer. Your son living there is a plus, but you yourself didn't have lease or job, which goes against your case claiming you maintained residence. You can always try, maybe you'll be lucky.

You can reapply as soon as you will be eligible. No other penalties other than losing fees.

Yes, you can use your parents' address for now. But in about a year (at NVC step) you'll have to reestablish US domicile or at least show the intent. Without it, visa won't be granted. The point of spousal visa is reuniting. E.g. US citizen lives in the US and foreign spouse lives overseas. If they both live abroad, they're united already and don't need visa. Reestablishing domicile includes getting lease or arranging living situation otherwise, registering to vote, getting ID with US address, library card, bank accounts, job offer etc.

So if you were back to the US in March 2022, you can safely apply for N-400 under 5 years rule with 4 year 1 day exception. Example: You returned to the US on September 1, 2022. Then you can apply for N-400 on September 2nd 2026 or later. This is 4 years and 1 day since coming back to US from 6+ months trip. You don't seem to have lease, you don't seem to have job. These are good pieces of evidence of maintaining continuous residence which you don't have. You can file N-400 today, but you may get denied. Unless you prove to officer to his or her satisfaction you did not break residence. If you don't care too much about losing filing fee and getting denied and want to try - you can apply any time before September 2026. If you want to play safe - wait another year from now. USCIS typically won't care about reasons why the continuous residence was broken. They're more interested in your proof of maintaining residence.

There's two things: continuous residence and physical presence. You seem to be focused on physical presence ignoring continuous residence requirement Questions for you 1) When was this 6+ months trip? 2) When were you back to the US after this trip? 3) While you were away, did you maintain US job, US lease (or maybe you own your place?)

Congrats! I hope you get approved fast. It's a great program, I really enjoy its benefits

I completely ignored any MyProgress estimates for this reason. I'm yet to find somebody who had an accurate estimate. Frankly, ROC is a lot easier than AOS. You have expired GC + 48 months letter. You have all work and travel rights as regular LPR with 10 year GC. Whether it takes 6 months or 3 years to get approved - it won't make much difference. And you can generally apply for N-400 about a year after I-751 submission.

I-130 is signed by US citizen, I-130A by beneficiary

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Maybe I'm wrong and OP will have easy interview. But I would be surprised by that.

I was married for over 5 years when I had N-400 interview. They asked me whether I ever lived apart etc, which I never did. And even wanted to go into bonafide marriage evidence, even though my conditions were removed almost 2 years prior to that. Only lawyer stopped the officer saying it was irrelevant. And this is with bonafide ongoing marriage. Depending on officer, they may grill OP quite a lot, given baby born to different person. Meaning she got pregnant from somebody else while being married and going through I-751 jointly.

I wouldn't go without a lawyer personally. I actually had a lawyer for my straightforward case with no issues.

They may be concerned whether her marriage which gave her GC was legitimate or fradulent just to get immigration benefit. Are you taking lawyer with you?

Probably related to OP got conditions removed based on joint filing while relationship was not going well + got pregnant right after removal or conditions @loveisall are you going to interview with a lawyer?

This is more related to Germany's visa policy than to US immigration. There may or may not be special rules for contractors like this. I'd assume you need a visa, but others can confirm

There's a lot of nuance there. If foreign country is place of current residence, then 6 months. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html/

I doubt you'll be given any sort of visa to the US. Either she moves to you, or you both move elsewhere other than the US. Or you divorce if you're too tired to carry on.

The traacripts USCIS is interested in are Tax Return Transcripts from IRS website, they can be downloaded for free. It looks like they're not sure he's eligible to sponsor. What was his income in 2024? Do you have a joint sponsor?

It's always best to. In case if AOS rejected or denied, you'll have status to fall back to. If you don't maintain F-1, you may become out of status if denied, and subject to deportation. Recently quite a few people got NTAs pretty quickly after AOS denial. Biometrics for AOS is just the beginning of the process. You may have to wait for months to learn whether you're approved or denied, and probably have an interview too. By the way, even before COVID, maintaining status was recommended by my lawyer when I was adjusting. Now it's even more recommended.